ACLU sues Cleveland over Republican National Convention protest rules

CLEVELAND, Ohio -- The ACLU of Ohio sued Cleveland on Tuesday, alleging the city's rules for protesters during July's Republican National Convention violate the free speech rights of demonstrators and others attending the event.

In a federal lawsuit filed Tuesday, the ACLU seeks to reduce the size of and the restrictions within the city's convention "event zone" -- an area that covers much of Downtown, spanning from West 25th Street to Innerbelt, and from the lake south to the corridor between Orange Avenue and 22nd Street.

The group also asks a judge to force the city to immediately act upon permit applications from groups seeking to protest the GOP convention, to alter the official "parade route" so protesters can be seen and heard by GOP delegates, and to increase the hours during which parades may take place.

The ACLU filed the suit on behalf of three groups planning to demonstrate at the GOP convention in Cleveland: Citizens for Trump, Organize Ohio and the Northeast Ohio Coalition for the Homeless.

In the lawsuit, the groups say the city's lack of action on their demonstration applications -- which they filed months ago -- have harmed their abilities to organize their events. In contrast, the groups say that Philadelphia, the host of the Democratic National Convention, already has granted at least five protest permits.

"The restrictions on speech put in place by the city of Cleveland are arbitrary, unnecessary, and unjustifiable," Christine Link, executive director for the ACLU of Ohio, said in a written statement. "The current rules for demonstrations at the RNC are actively blocking groups from all sides of the political spectrum from participating in their government. City officials have refused to make proper accommodations to protect free speech, so we are asking the courts to step in now."

City defends protest rules

Dan Williams, a spokesman for Cleveland Mayor Frank Jackson, in an email said the city has not yet received an official copy of the lawsuit and did not comment further.

But city officials previously have said in developing their rules, they sought to balance the free-speech rights of demonstrators with safety considerations. The GOP convention, scheduled for July 18-21, will attract an estimated 50,000 people, and a significant number of protesters. A few political rallies held by GOP nominee Donald Trump this year -- including a June 3 rally in San Jose, Calif. -- have attracted violent protests and resulted in clashes between pro- and anti-Trump demonstrators.

In a June 10 letter to ACLU officials, Gary Singletary, Cleveland's chief counsel, wrote the city has tried to allow people to express themselves during the convention by opting not to set up a "no protest zone" surrounding Quicken Loans Arena, as past cities hosting political conventions have.

"People are free to express their opinions outside the [security perimeter surrounding the arena] provided they do not block pedestrian or vehicular traffic on the streets and sidewalks," Singletary wrote. "So as long as people recognize this, they can express themselves through speech, signs and other peaceful means."

The city has designated two city parks: Perk Plaza near Superior Avenue and East 12th Street, and Willard Park near City Hall as areas where protesters can apply for permits to set up tables and "public art" installations. The city also says it will built a "speakers platform" with a PA system in Public Square -- which Singletary calls a "natural travel point" for GOP delegates traveling to and from the convention complex -- and is fielding applications for groups to use it in half-hour intervals during the convention.

Finally, the city has set up the "parade route," which begins at the west end of the Lorain-Carnegie bridge, heads east toward downtown before turning right on Ontario Street, near Progressive Field, and under Interstate 90 before ending at East 9th Street.

Within the streets and sidewalks of the event zone, the city has banned a variety of legal weapons, such as BB guns, nunchucks, swords, as well as ordinary items including umbrellas with metal tips, squirt guns, ropes, glass bottles, large backpacks and bags, coolers, tents, sleeping bags and canned goods.

Besides infringing on the rights of people who want to demonstrate during the GOP convention, the ACLU said the event zone restrictions will make it impossible for downtown residents, including Cleveland State University students, to walk to and from the grocery store.

"As mentioned above, two grocery stories and many smaller food stores are within the zone, but if a shopper carries a can, canned goods or a bottle of water out of the store, he is in possession of contraband," the lawsuit reads. "Those playing tennis at Cleveland State University's tennis courts will be in violation of the law as well because the regulations outlaw the possession of tennis balls in the Event Zone. The regulations have an absurdly wide reach and cannot be justified in any rational way."

The ACLU also said the extra rules will have an especially harmful effect on the homeless, who carry and maintain camps with some of the banned items within the event zone. Brian Davis, the executive director of the Northeast Ohio Coalition for the Homeless, wrote that there are an estimated 90-110 homeless people who live within the event zone.

The lawsuit requests that a judge fast-track court proceedings so that it's resolved before the convention, which is 34 days away. The case has been assigned to Judge James S. Gwin, court records show. A hearing date has not yet been set, but in a Tuesday order, Gwin gave the city until June 20 to respond to the ACLU's request that the judge act immediately.

The ACLU has assisted with lawsuits against cities hosting political conventions in the past over protest rules. In 2008, the ACLU of Minnesota and the Coalition to March on the RNC and Stop the War sued St. Paul, Minnesota, the host of that year's GOP convention, challenging the city's guidelines for protests after being denied a requested protest route.

A judge ended up declaring the guidelines "null and void," but declined to force the city to approve a specific route, writing "the Court expects the parties to work together" to develop a plan, according to court records.